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School bible scrap can go back to court

NZ NewswireNZ Newswire 20/06/2016

The Court of Appeal has confirmed a scrap over teaching the Bible in schools can be argued before a judge.

It has allowed an appeal by Auckland software developer Jeff McClintock against the attorney-general after the High Court last year dismissed his case because of $6600 in unpaid court fees and delays in submissions.

Mr McClintock had been fighting legal action against Red Beach School, a primary school north of Auckland, and the attorney-general when his daughter was included in Bible classes without his permission in 2012.

He claimed his daughter was treated unfairly when he decided to withdraw her from classes - breaching the Bill of Rights, Education and Care of Children Acts.

In a decision released on Tuesday, the Court of Appeal says Mr McClintock's appeal can proceed if he drops his case against the school's board and files a proper statement of claim against the attorney-general.

He must also come up with the required High Court fees.

The Churches in Education Commission, Secular Education Network and Human Rights Commission are also now involved in the case.

No hearing date has yet been set.

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